Sep 17, 2012 | Personal Injury, Uncategorized
It’s an unfortunate fact of the law that sometimes those with legitimate personal injuries and a legitimate entitlement to recovery do not recover because of a procedural failing. The recent South Carolina Supreme Court Case Mims v. Babcock Center represents one of the lucky cases, where the law recognizes substantive injury over formalistic procedure.
In that case, an attorney filed a complaint in 2007 only to never serve process on any of the claimed defendants. Defendants did in fact learn of the lawsuit, but the injured person’s attorney did not continue to pursue the claim.
Later, in 2008, a second complaint was filed alleging to be an amendment to the earlier 2007 complaint. Process was served for the second complaint on all defendants. The problem is that SC Code § 15-3-20(B) requires that service be made within 120 days of filing a lawsuit. The trial court dismissed the entire case, without prejudice (meaning the suit could be refiled), on the grounds that the plaintiff’s lawyer failed to serve process within 120 days of filing as required by the statute.
The South Carolina Supreme Court, however, held that the full extent of SC Code § 15-3-20(B) is exerted by Rule 3(a) of the SC Rules of Civil Procedure, i.e. that:
(1) an action is commenced upon filing the summons and complaint, if service is made within the statute of limitations, and
(2) if filing but not service is accomplished within the statute of limitations, then service must be made within 120 days of filing.
Read the whole opinion below the fold.
Rock Hill Personal Injury Attorneys
If you have been injured in any sort of accident, contact the personal injury attorneys of Reeves, Aiken & Hightower at 877-374-5999 or at this link. We have the experience to get you your best recovery.
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Sep 17, 2012 | Products, Uncategorized
Products are typically recalled when manufacturers recognize they have released products to the public that are likely to cause personal injury. When you have been injured by a recalled product like a medical device, drug, or food containing an allergen or contaminant, you are very likely entitled to relief from the product’s manufacturer. If you’ve been injured, contact our products liability attorneys immediately at 877-374-5999 or contact us at this link. We can give you the help you need to be made whole after a product related injury. Below are products that have recently been recalled.
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Sep 17, 2012 | Car Accidents, Child Accidents, Personal Injury, Trucking/Tractor-Trailer Accidents, Uncategorized
A truck driver traveling on I-80 on July 16 witnessed a terrible wreck when a pickup truck pushed a minivan off of the road, and then hit another car, pushing it into the median.
Noticing that the car victims were already receiving assistance from several bystanders, the truck driver turned his attention to severely crumpled the minivan. A man and a woman were frantically trying help their three children, who were still trapped inside, out of the minivan.
The truck driver, who was a first responder and former paramedic and EMT, was able to describe the emergency to the 911 operator based on his medical expertise. He then went to work trying to extract each child from the vehicle, starting with the most accessible child, a 5-year-old boy who was on the second row seat of the minivan. He instructed bystanders to lay him on the ground in accordance with spinal injury precautions.
Emergency personnel began to arrive and offer further assistance as the next two children were carefully extracted from the vehicle.
According to the truck driver this was the worst motor vehicle accident he had ever seen, and noted that the injuries ranged from a broken pelvis to broken legs, hips, arms and jaws, to fractured skulls and internal bleeding. For his efforts that day, he has received a Highway Angel lapel pin, certificate, and patch.
South Carolina Car Accident Attorneys
Transportation is a must when it comes to meeting the every day needs of a family. However, the importance of taking the right safety precautions in the event of an accident cannot be overstated. Recent studies by the NHTSA show that car crashes are ranked number one in causes of child fatalities in the U.S. In fact an average of 3 children age 14 and younger were killed and 469 were injured every day in the United States in motor vehicle crashes. Using the right safety seats, seat belts, and restraints can make a difference of life or death for your child in the unfortunate event of a serious accident.
The Accident Attorneys of Reeves, Aiken, and Hightower understand that even the most careful of individuals and family members can be involved in a serious car accident. When you or someone you love has been involved in a serious accident, our seasoned litigators can be there to ensure that you and your family gets the best protection. We can investigate all aspects of the accident and hold all parties accountable for your loss. Call us today and speak directly with one of our lawyers at 704-499-9000 or 877-374-5999 toll-free. Hire the best accident attorneys with whom your family can invest the most confidence!
Sep 17, 2012 | Child Accidents, Personal Injury, Uncategorized, Wrongful Death
A South Carolina resident and mother is currently within the confines of jail awaiting bond for the death of her 10-month old baby girl.
The 21- year-old mother was charged in late August with ” homicide by child abuse.” Accordingly, Deputies have reported that the mother/defendant left her daughter in the bathtub on the night of August 20th. The little girl lost all oxygen, and when the paramedics were called, they attempted to revive her. She was on life-support for a week before she passed away at the hospital.
York County Child Accident and Abuse Attorneys
A child’s life is the most precious thing this Nation has. Any time a child’s life is endangered, or even worse, taken, justice should be served. Statistically, 9 out of 10 times a child dies, it is within 1/4th a mile or less from the child’s home. Often times children make mistakes that they are too young to understand, but other times, it is the parent’s who have made the mistake.
No matter what the circumstances are surrounding your child’s injury, call the law offices of Reeves, Aiken, and Hightower, LLP to have your claim heard. With over 75 years combined trial experience, our child accident and abuse attorneys are ready, willing, and able to fight for your child’s rights!
Sep 17, 2012 | Motorcycle Accidents, Uncategorized
A 69-year old man passed away after a motorcycle accident that occurred last Saturday in West Rock Hill. Wednesday, the victim was pronounced dead at the Lehigh County Hospital, after fighting for his life for four days. The Lehigh County First Deputy Coroner has reported that the victim died from blunt force trauma to the head.
Accordingly, the report reads that the victim was literally ejected from his seat, after he lost control of the motorcycle around mile marker 25.2 on Route 309. The accident currently still under investigation.
South Carolina Motorcycle Accident Attorneys
It may appear obvious, but the dangers of rising a motorcycle highly outweigh the dangers of riding in a car or truck. Specifically, riding in a vehicle allows one protection, perhaps even slight, but still a buffer between the victim and the collision. With motorcycles however, the victim is not always afforded the same protection, as there is no ” buffer zone” to soften the blow of the collision. With winter quickly approaching, motorcyclists must be even more careful when travelling down country roads with icy patches and unseen dangers. The motorcyclist’s vulnerability is immense, and the potential for a deadly motorcycle accident is always present, even for the most responsible of motorcyclists.
Here at Reeves, Aiken, and Hightower, we consider your motorcycle accident to be serious. Please contact our offices and let us hear your side of the story to ensure that you get the justice you are seeking. Call us today and speak directly with one of our motorcycle accident attorneys at 704-499-9000 or 877-374-5999 toll-free.
Sep 17, 2012 | Car Accidents, Personal Injury, Trucking/Tractor-Trailer Accidents, Uncategorized, Workers' Compensation, Wrongful Death
A Rock Hill resident lost his life in a multi-car collision involving a tractor-trailer, that consequently ended in a massive fire on Interstate 85.
The accident occurred last Friday, around 1:45 p.m., on I-85 going southbound near the Statesville Road exit. The tractor-trailer was owned and operated by a Food Delivery Service, who had been travelling to Asheboro, N.C., and were on their way back to Rock Hill, SC. The tractor-trailer was empty at the time of the accident.
When the tractor-trailer slide out of control, it slammed into the back of a female driver’s vehicle, trapping her inside. This particular victim was the first one hit in the multi-car collision at hand.
Speed and alcohol have not been considered as attributing factors to the crash.
York County Tractor-Trailer Accident Attorneys
According to the U.S. Department of Transportation, a typical trucking accident or ” tractor-trailer” accident occurs when the larger trucks, usually over 10,000 lbs., collides with other vehicles, trucks, or even worse, pedestrians. The DOT statistics states that around 500 thousand of these accidents occur each year. Of these, 5,000 or so end in fatalities. Even more disturbing, one out of every eight traffic accidents that end in death, are involved with a trucking collision.
In the event that you, or someone you love has found themselves involved in a tractor-trailer, truck, or ” big rig” accident, please call the experience Commercial Truck Attorneys at Reeves, Aiken and Hightower, LLP to evaluate your claim and help get you the justice you deserve!
For more information about our law firm, please visit www.rjrlaw.com. Or call one of our attorneys directly at 877-374-5999.
